Jackson Board of Adjustment
Case 2006-02 Dewar/Crane - Equitable Waiver of Dimensional Requirements
Public Hearing November 1, 2006
Minutes Approved- December 13, 2006
The meeting began at 7:00 p.m. with Roger Chambers, Chairman of the Board of Adjustment, reading the administrative details.
This is case 2006-02, Map V10, Lot 211, with the Public Hearing being held on November 1, 2006. Publication of the notice for the Public Hearing appeared in the Conway Sun on Wednesday, October 25, 2006. Certified mail and Public Notices of this hearing were posted at the Town office on October 23, 2006.
Tonight 7 members of the Board are present --Ted Brown, Roger Chambers, Kurt Kramp, Helene Matesky and alternates David Urey, Dot Wood, and Lisa MacAllister. The 5 voting members tonight are Roger Chambers, Kurt Kramp, Ted Brown, Helene Matesky and alternate Dot Wood. Lisa MacAllister and David Urey as alternate members may ask questions at any time and take part in the deliberation, but will not vote. addressStreetSusan Way is our recording secretary.
Others attending tonight’s hearing are Todd Crane, Michael Dewar, Shawn Bergeron and his assistant Kim Frechette, John Gagnon and Marc James.
The hearing will follow our standard procedure:
1. The applicant will present his case for the Equitable Waiver of Dimensional Requirements. During this, only the Board may interrupt to ask questions
2. Those in favor may speak.
3. Those opposed may speak.
4. Any rebuttals or questions.
5. I will give a short summary.
After this, the Public Hearing will be closed. We will try to make a decision and give the results tonight but it depends on the time we finish. You may stay and listen while the Board deliberates on this decision but there will be no further Public input unless the Board asks a question. If it gets late, the Hearing may be adjourned to a later date.
Roger Chambers made the following statement: This is a Hearing for an Equitable Waiver for Dimensional Requirements, not for a Zoning Variance, so that the Board will take a single vote at the end. A YES vote will mean that the Waiver should be granted, and a NO vote means that the Waiver should not be granted. An affirmative vote of at least three members is required for the motion to pass and the Waiver to be granted.
The meeting began with a synopsis presented by the petitioner of this case, Michael Dewar representing Todd Crane.
Mr. Dewar and Todd Crane explained the situation. Mr. Crane works out of time so his contractor, Michael Dewar, has been trying to resolve the matter. The application for a Building Permit was started on March 10, 2006. A Building Permit was issued on May 1, 2006 for an addition to be made to the existing structure. At the time of inspection by Jason Carr (the town’s building inspector at that time) Mr. Dewar stated his setback concerns and was assured by Mr. Carr that the project met the requirements and there would be no issue. In September, Mr. Dewar was informed that the building permit had been revoked by the Jackson Board of Selectmen, because the construction was in the town setback.
There had been considerable construction at that time. The fact that the foundation was in the setback was brought forward when a septic design was prepared by Thorne Surveys. Mr. Dewar said the biggest concern at this time is to get the foundation covered before inclement weather. Mr. Crane would like the town to create a uniform definition of determining right-of-ways and setback so that this situation does not reoccur. Ted Brown asked where the dimensions on the building permit originated. Mr. Crane stated that they were from the deed measuring from the back pins that could be located. The front pins were never located.
Mr. Dewar and Mr. Crane believe the non-conformity does not constitute a nuisance. The neighbor’s house is only 25 feet from the road.
The cost of correction would be estimated to be from $50,000 to $80,000. The applicant has spent about $45,000 at this point.
According to a note from Thorne Surveys, the existing house is approximately 25% non-conforming. Upon questioning from Ted Brown and others, it was felt that the foundation may be between 6 to 10 feet into the setback using various measurement tools and the plans that Mr. Dewar had with at the Public Hearing.. David Urey had questions about where the measurements along the road edge were taken.
The property does meet all Jackson Zoning requirements to the best of Mr. Dewar’s knowledge.
Mr. Dewar concluded his presentation by stating that he had worked in good faith and had never intended to defraud the town of Jackson. The statement in the letter sent to him by the Selectmen on Sept. 12 is false. He never issued incorrect or inaccurate information. He would like to get the permit reissued so that the walls can be decked to resist the imminent winter frost.
THOSE OPPOSED
No comments
THOSE IN FAVOR
Abutter Marc James stated that he feels they have done a great job. He thinks the building when finished will be appropriate to the neighborhood.
A letter was received from Dr. Gerald Carrier, a neighbor, which was in favor of finishing the construction. He feels that it would only improve the current appearance of the neighborhood.
REBUTTALS
None
Public hearing was closed at 7:45 pm by Chairman Chambers. There will be a five minute break.
The deliberative session was called to order at 7:50 pm by Roger Chambers.
Kurt Kramp asked Ted Brown about right-of-ways especially if they were all considered to be 40 feet. Ted replied that relatively recent plots are well-defined and the town uses 50 feet.
David Urey asked if the deck could be moved elsewhere on the plan. Todd Crane explained that the deck on the side is to be the main access to that floor of the house and it wouldn’t be constructive to move it.
Roger Chambers, Ted Brown and Lisa MacAllister felt that the construction should continue as originally permitted.
Roger Chambers did ask for the measurement from the back of the property to the residence. Mr. Dewar replied that it was approximately 60 feet.
Ted Brown felt that there is no effect on the neighborhood.
Roger Chambers asked for a vote. Yes votes would grant the waiver and No votes would deny the waiver.
Ted Brown voted Yes to grant the waiver with the deck as proposed on the original building permit.
Kurt Kramp voted Yes and agreed with Ted.
Dot Wood voted Yes and agreed with the above statements.
Helene Matesky voted Yes stating that the builder had acted in good faith.
Roger Chambers voted Yes. There was a lot of misinformation but 130 days after the permit was issued is a long time to decide to revoke it.
Ted Brown made a motion to grant the Equitable Waiver in its entirety. Helene Matesky seconded the motion and all voted favorably.
The hearing was adjourned at 8:15 pm.
Michael Dewar and Todd Crane thanked the Board for all the time expended on this issue. Todd Crane stated that he has no bad feelings against the town.
Roger Chambers advised the Board that he has given out a few more applications for appeals for other properties in town but has not received completed application at this time.
There being no further discussion Kurt Kramp made a motion to adjourn the meeting, Helene Matesky seconded the motion and all voted favorably.
The meeting was adjourned at 8:45 pm.
Respectfully submitted
Susan G. Way
Recording Secretary
November 4, 2006
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